ART. III.-A List of Patents granted by the United States, for the Encouragement of Arts and Sciences, alphabetically arranged from 1790 to 1820; continued by Supplements to 1826; containing the Names of the Patentees, their Places of Residence, the Dates of their Patents, &c. Washington, D. C. Printed and sold by S. Alfred Elliot.

The above work, though merely a catalogue of inventions and names, possesses an interest of the highest kind to an enlightened American citizen, and affords us an opportunity of calling the attention of our countrymen to the importance of the Patent Law, the influence it has had upon the practical industry of the nation, the present state of the system of granting patents, and the necessity of the law being revised and made more efficient for its original purpose. Our own attention has been awakened to these topics, by the following passage in President Adams's Message to Congress, at the opening of the last session.

'The laws relating to the administration of the Patent Office are deserving of much consideration, and, perhaps, susceptible of some improvement. The grant of power to regulate the action of Congress on this subject, has specified both the end to be obtained, and the means by which it is to be effected" to promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries." If an honest pride might be indulged in the reflection, that, on the records of that office, are already found inventions, the usefulness of which has scarcely been transcended in the annals of human ingenuity, would not its exultation be allayed by the inquiry, whether the laws have effectually insured to the inventors the reward destined to them by the constitution—even a limited term of exclusive right to their discoveries?'

Such a notice, coming from such a source, and at such a time, was sufficient proof that investigation was on some account or other indispensable. It is a little strange therefore, nay, not a little, that during a session, protracted to almost six months, Congress passed over this subject in silence and unconcern. They did indeed refer that part of the Message, as well as other parts, to a committee, at the commencement of the session; but such a reference of this, and many other important subjects,

Much

seems to have been of the nature of final interment. noise is sometimes made about the extravagant and useless expenditures in the executive departments of government; but do members of Congress forget, that they are not sent thither by their constituents, and handsomely paid, merely to make flourishing and accusatory speeches, but actually to look into and examine the state of those departments, rectifying what is wrong and supplying what is wanting? Can the almost total neglect of this be justified, by delivering long tirades, that cost the nation some four or five thousand dollars each; and calling for wagon loads of papers and documents, of no earthly use to any one when produced, except to the public printers in the pay of Congress? If, however, the great body cannot be brought to act promptly and efficaciously on the measures submitted to it, we cannot understand why the committees should not investigate, and report upon, every subject referred to them; the people would then at least know the state of things, and where blame or praise is due.

With respect to the Patent Office, it is not an incidental subject of their attention, the result of other powers which they possess; but it is specially and expressly confided to them, by the words of the constitution; to promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.' Such is the will of the sovereign people; and three great objects, relating to the progress of science were distinctly recommended by the Executive to the consideration of their representatives at the last session, the Patent Office, an Observatory for astronomical purposes, and a National University. Hardly the slightest notice was taken of either. We therefore feel it important to bring these subjects, in another form, before the nation. At present we can spare time and space only for the first.

The Patent Law was passed in the year 1793, during the presidency of Washington. It enacts for substance the following regulations.

Section 1. Any citizen of the United States, alleging that he has invented any new and useful art, machine, &c. or an improvement upon such art and machine, which has not been known or used before the application, may petition the Secretary of State for letters patent bearing test by the President of the United States, and granting to such petitioner, his heirs, adminis

trators, and assigns, the full and exclusive right and liberty of making, constructing, using, and vending, the said invention or discovery, art, or machine, for a term not exceeding fourteen years. The letters patent, giving a short description of the subject matter of it, shall be delivered to the Attorney General of the United States, who is allowed fifteen days to examine the same, and if he find them conformable to law, he is to certify it at the foot thereof, and return the same to the Secretary of State, who is to present the said letters patent to be signed, and cause the seal of the United States to be affixed thereto; and the same shall be recorded in a book kept for that purpose, and shall be good and available to the grantee by force of this act.

'Section 2. A mere improvement on a machine already known, used, or patented, shall not give a right to make the machine itself which may have been formerly patented to another; neither shall the first inventor be at liberty to adopt the improvement without permission from the patentee.

'Section 3. The inventor must swear or affirm that he verily believes himself to be the true inventor; he must also make a written description of the same, clear and intelligible, and accompany it with drawings and models, if necessary, to be lodged in the patent office; so that a skilful person may be able to make the said machine, or other article, by the said description.

'Section 4. This section gives the power of assigning the patent right to others, provided the assigner duly records the said assignment in the office of the Secretary of State.

Section 5. The forfeiture for invasion of a patent right, shall be at least equal to three times the price for which the patentee has usually sold such right to others.

'Section 6. But the defendant in such action for damages may plead the general issue, and if he shall prove that the specification filed by the plaintiff has concealed any part of the truth relative to said invention, for the purpose of deceiving the public, or that the thing was not originally discovered by him, but had been used, or described in some public work, before the supposed discovery by the patentee, or that he had surreptitiously obtained a patent for another person's discovery; in either of these cases, the patent shall be declared void.

Section 9. In case of interfering applications, three persons are to be appointed as arbiters, whose decision as to the granting of the patent shall be final.

'Section 10. Actions to set aside a patent right must be brought within three years after the issuing the said patent.

'Section 11. Every inventor, before petitioning the Secretary of State to obtain a patent, shall pay into the treasury thirty dollars,

and the money thus paid shall be in full for the sundry services to be performed in the office of the Secretary of State, consequent on such petition, and shall pass to the account of clerk hire in that office. Nevertheless, for every copy that may be required of any paper respecting any patent that has been granted, the person requiring it shall pay twenty cents for every hundred words contained therein; and also two dollars for every copy of a drawing.'

We have given a digest of the act, rather than a copy of all its words and provisions, both to save room and to render its features more distinct. An additional act, passed April 17th, 1800, extended the privilege of obtaining patent rights, 'to all aliens, who shall have resided for two years within the United States'; but declaring, that if it shall afterwards appear that the said invention, art, or discovery, so patented, had been known or used previously to such application for a patent, the patent shall be utterly void.

It is obvious therefore that original invention, or improvement, is the only thing contemplated by the law as entitled to a patent, whether that invention be by a citizen, or an alien resident in the United States; and that, failing to prove its originality, the patent right fails. It is, in fact, a reward given to stimulate the industry of mind; a wise provision to call forth the energies of the country in practical and useful improvements, without costing the national treasury a dollar; for every thing is paid for by those, who voluntarily avail themselves of the privilege held out by the law, and who again remunerate themselves, by selling a part of their acquired right to those, who are convinced they shall be profited by the purchase.

Under this law we are informed that four thousand patents have been obtained; and if it could be proved, (which we do not believe) that three fourths of them were for mere useless speculations, there would still remain a thousand useful inventions, distinctly and intelligibly specified and described by words, drawings, and models, applicable to almost every variety of human ingenuity and industry. But in fact there are two thousand models, ingeniously executed, and preserved in the model rooms of the Patent Office; a museum of the mechanical arts, as applied to the interests and labors of agriculture, domestic and rural economy, manufactures, and commerce. Bridges of various constructions, steam engines, boats, ploughs of every form, carriages of all kinds, bedsteads, chairs, chimneys, cooking appa

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ratus, salt works, glass works, clocks, machines for making hats, shirts, and shoes, nail machines, slitting iron, brewing, distilling, carpeting, nautical instruments, mills to be moved by wind or water, locks, improved rigging for ships, window blinds, cotton presses, rice cleaners, corn shellers, pumps, rail roads, docks all these are but a sample of the motley variety of models of improvements in the essential parts and features of those implements that are lodged in the office. We sincerely wish, that a more ample space could be allowed for their exhibition; and that instead of twenty or thirty models being crowded on a shelf not more than three feet long and half as deep, so that it is almost impossible distinctly to examine them, and observe their forms and proportions, they could be displayed singly on a series of proper shelves, in a building exclusively appropriated and sufficiently large for the purpose.

At this period, when schemes of general improvement occupy the public attention so much, it is particularly desirable that every thing that has been suggested, should be classified, and exhibited in a perspicuous and satisfactory manner, to the numerous visitors, from every part of the Union, transiently at the seat of government. It would form a valuable study, and afford the most important hints to many a perplexed projector. For the same reasons, all the patents should be distinctly, chronologically, and clearly recorded in uniform volumes, that they may be referred to and read, without creating needless trouble to the clerks, in searching out long forgotten papers; and, indeed, that the risk may be prevented of losing such altogether. It is gratifying to learn, that the present administration has ordered a system of this kind to be commenced. The previous neglect of it has been matter of astonishment, although it may be accounted for from the fact, that the business of the office was such, that the persons allowed by Congress for its tranaction were entirely inadequate to its labors. If, on account of this neglect, the laws do not effectually insure to the inventors, the reward destined to them by the constitution,' it is high time the matter was looked into and a remedy applied.

It is easy, however, to account for the apparent inattention to the details of this branch of the executive duties, and the time is arrived we trust, when it will no longer be permitted to remain in that state. The law made it the duty of the Secretary of State to issue patents; he is in fact, and to this day, the only real and legal superintendent of the Patent Office. In 1793, and for some